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Linux is a popular open-source operating system, and there have been many other very successful examples of open-source products as well. Whether you side with the vendors of proprietary software or with the open-source advocates, you must know and respect the copyright and patent laws. Sections 1.5, 1.6, and 2.3 of the ACM Code of Ethics clearly require the computer professional to recognize and respect copyright and patent protections.
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PRIVACY There is no question that information technology poses risks to our traditional beliefs about privacy. Governments and companies can and do collect vast amounts of personal information about all of us. Usually the information is collected and used for appropriate purposes, but the existence of the information does pose risks. When you enter a toll road using an electronic tag to pay the toll, your travel will be tracked from the on-ramp to your exit. When you use a grocery store card to get a discount on your shopping, the store will be collecting your personal shopping history. When you complete your taxes, your personal financial details get stored in a vast data base of the tax-paying citizenry. When you use a charge card, your purchases and payment history are recorded for purposes of rating your credit. There have been occasions when such data bases have been used in ways that some would say infringed on rights of privacy. For instance, supposedly confidential census records were used by the US government during WWII to locate Japanese Americans and confine them to internment camps. Data mining has also permitted governments and organizations to associate personal information from a variety of sources in order to learn more about individuals. Many companies, and even governments, make available for use or for sale various data bases. Such secondary use of data has a commercial value, because companies can refine their profiles of individuals and tailor marketing to them. The government can use data mining to identify people who probably have underreported their taxes, or who apparently have links to terrorist organizations. It s also true that information technology has been used to collect information from sources we usually consider private. Governments have listened in to telephone conversations, both by wiretapping and by monitoring the radio transmissions of cell phones, for example, and also intercepted e-mail messages. These actions have usually been justified as necessary for national security, or required as part of an ongoing investigation. In the United States, a citizen s right to privacy is inferred from the Fourth Amendment which insures, the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures ... That s all there is. Privacy is not a right on the same plane as the rights to life, liberty, and property. In fact, there is a tension between the individual s right to privacy and the needs of others to know about the individual. After all, a person needs to know certain things about another before deciding whether or not to trust the other in a business or personal relationship. For instance, have you ever Googled a person with whom you were considering a first date Governments enforce privacy rights in a balance between the individual s desire for privacy and the needs of others to know. We usually think of our e-mail and instant messaging conversations as personal correspondence, but think again, if you communicate in such ways at work. The American Management Association reported in 2003 that over half of all US employers now monitor e-mail (quoted in Nord, G.D., McCubbins, T.F., & Nord, J.H., E- Monitoring in the Workplace, Communications of the ACM, 49:8, August 2006, pp. 73-76.). Such monitoring varies from storage of messages for later review, to active software surveillance. There is very little legal constraint on the monitoring of employee communications when the communications are carried on at work, on company time, using company facilities. Employers monitor such behavior because they have an interest in employee productivity, because they want to protect trade secrets and company data, and because they want to avoid liability for bad behavior by their employees (Nord et al. [2006] report that over 10 percent of US companies have been subpoenaed as a result of employee e-mail!). The courts in most cases support the employer s right to monitor, based on the employer s legitimate need to know. As a software professional, the ACM Code of Ethics provides excellent guidelines for people collecting, managing and reporting private information. They are summarized in section 1.7. Information professionals should:
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